but that after that was finished and the names of the Senators voting had been read over by the Secretary, and before the announcement of the result, the question raised by the Senator would be in order. Mr. Thurman appealed from this ruling of the Chair, and after debate the Chair revised his decision, and ruled that no motion or other proceedings could be interposed between the calling of the yeas and nays and the announcement of the vote. (See Cong. Globe, pp. 1602, 1603.) 13. RELATING TO SENATORS PRESENT, BUT NOT. 46th Cong., 1st sess.; J., p. 229.] JUNE 18, 1879. The Senate having under consideration the bill (H. R. 2175) making appropriations for the support of the Army, a vote having been taken on a motion to adjourn (the number of Senators voting not constituting a quorum), before the announcement of the result of the vote Mr. Eaton called attention to the fact that there were Senators present in the Chamber and not voting, and named "Mr. Blaine," and asked that he be required to assign his reasons therefor. Mr. Conkling raised the question of order that, as on the previous vote no quorum had voted, no motion was in order except a motion to adjourn. The Presiding Officer having overruled the question of order, from the decision of the Chair Mr. Conkling appealed to the Senate. On motion by Mr. Whyte that the appeal lie on the table, the yeas were 26 and the nays 0. (See Cong. Record, p. 2127.) Ib.; J., p. 231.[ [Same date.] Mr. Blaine raised a question of order that, Mr. Eaton not having responded when his name was called, his vote was not properly recorded under the seventeenth rule of the Senate, and in contravention of the rules of the Senate. The Presiding Officer overruled the question of order. From the decision of the Chair Mr. Blaine appealed to the Senate. On motion that the appeal lie on the table, yeas 27, nays 0. (See Cong. Record, pp. 2134, 2135, 2137.) 53d Cong., 1st sess.; J., pp. 71, 72, 73.] OCTOBER 13, 14, 1893. Mr. Peffer, while addressing the Senate, sent to the Secretary's desk to have read a memorial of a convention of commercial bodies of the United States, printed by order of the Senate as Mis. Doc. No. 24, Fifty-first Congress, second session. Mr. Teller objected to the reading of the paper; whereupon the Vice-President (Mr. Stevenson) submitted the question to the determination of the Senate, under Rule XI, "Shall the paper be read, as requested?" Yeas 39, nays 30. So it was determined that the paper should be read. Before announcement of the result of the first vote on reading the paper Mr. Vilas called the attention of the Chair to the fact the Senator from Idaho, Mr. Dubois, was present and not voting, and asked that under Rule XII he be required to assign his reasons for declining to vote; whereupon the VicePresident directed the name of Mr. Dubois to be called; and Mr. Dubois having declined to vote and having assigned his reasons therefor, the Vice-President submitted the question to the Senate, "Shall the Senator, for the reasons assigned by him, be excused from voting?" Mr. Teller raised a question as to the presence of a quorum. The roll being called showed forty-three Senators present, being a quorum. [On the following day-] The question being, "Shall the Senator from Idaho, Mr. Dubois, for the reasons assigned by him, be excused from voting on the question of the reading of the paper called for by Mr. Peffer?" Yeas 29, nays 37. So Senate refused to excuse the Senator from voting; whereupon the VicePresident (Mr. Stevenson) again directed the name of the Senator to be called, and he again declined to vote. No further action was taken on the refusal of the Senator to vote. (See Cong. Record, pp. 2469–2479, 2509, 2510.) 14. THE CHAIR ON HIS OWN MOTION HAS NO POWER TO REQUIRE A SENATOR TO VOTE OR ASSIGN REASONS FOR NOT VOTING. 46th Cong., 3d sess.; J., p. 388.] MARCH 3, 1881. The Presiding Officer (Mr. Cockrell) decided that the Chair had no authority, on his own motion, to require a Senator declining to vote to assign his reasons therefor. (See Cong. Record, p. 2423.) 15. MOTION TO CORRECT THE JOURNAL SO AS TO SHOW A SENATOR PRESENT ON THE ROLL CALL, MUST LIE OVER ONE DAY, AND MAY BE LAID ON THE TABLE. 53d Cong., 1st sess.; J., p. 74.] OCTOBER 16, 1893. Mr. Dolph submitted an order that names of Senators Allen and Kyle be recorded in connection with the roll call to show their presence, they being present in the Chamber. Objection to its consideration having been made, The Presiding Officer (Mr. Faulkner) decided that the order was in the nature of a resolution, and came within the terms of the rule which requires that all resolutions, if objected to, shall lie over one day for consideration. Ib.; J., pp. 75, 76.] OCTOBER 17, 1893. The Journal of yesterday's proceedings having been read, Mr. Dolph asked the present consideration of the order submitted by him yesterday, since it was in effect a proposed amendment of the Journal, and should be disposed of before the approval of the Journal; When, The Vice-President (Mr. Stevenson) ruled that the above order was in the nature of a resolution coming over from a previous day, to be laid before the Senate for consideration under the call for "concurrent and other resolutions." A motion was then made to correct the Journal by recording Mr. Allen as present on the above roll call; which motion was laid on the table-yeas 45, nays 3. (See Cong. Record, pp. 2544-2549, 2575, 2580, 2601, 2629, 2637, 2638.) 16. VOTE OF TWO-THIRDS OF SENATORS PRESENT REQUIRED TO PASS A BILL OVER PRESIDENT'S VETO. 34th Cong., 1st sess.; J., pp. 418, 419.] JULY 7, 1856. There being 31 yeas and 12 nays on the passage of a bill, Mr. Mason raised the question whether it did not require an affirmative vote of two-thirds of the members composing the Senate to pass the bill over veto. The President pro tempore (Mr. Bright) decided that it required only an affirmative vote of two-thirds of the Senators present. From this decision Mr. Mason appealed; appeal sustained; yeas 34, nays 7. (See Cong. Globe, pp. 1544, 1550.) 36th Cong., 2d sess.; J., p. 383.] MARCH 2, 1861. Mr. Trumbull raised a question of order whether, the joint resolution being a proposition to amend the Constitution of the United States, it did not require an affirmative vote of two-thirds of the members composing the Senate to pass the same. The President decided that it required an affirmative vote of twothirds of Senators present only. On appeal, the decision was sustained-yeas 33, nays 1. (See Cong. Globe, p. 1403.) 17. HOUSE ADOPTS AMENDMENTS OF THE SENATE TO A HOUSE RESOLUTION PROPOSING TO THE LEGISLATURES OF THE STATES AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, BY A TWO-THIRDS VOTE ON EACH. 1st Cong., 1st sess.; J.; p. 83.] SEPTEMBER 21, 1789. The House in passing on amendments of the Senate to "Articles of amendment to be proposed to the legislatures of the several States as amendments to the Constitution of the United States" agreed to some and disagreed to others, "two-thirds of the Members present concurring on each vote." (See Annals, 1st and 2d Congresses, pt. 1, p. 905.) 18. A MEASURE REQUIRING A MAJORITY VOTE ONLY MAY BE ATTACHED TO A BILL REQUIRING A TWO-THIRDS VOTE TO PASS THE SAME. 42d Cong.. 2d sess.; J., p. 80.] DECEMBER 21, 1871. A bill to remove disabilities, which requires a vote of two-thirds to pass it, is up. A bill known as the "Civil Rights" bill is proposed as an amendment. Mr. Thurman raised a question of order, viz, that the amendment, being a measure which, if it stood by itself, could be passed by a majority vote of the Senate, is not an amendment that is germane to the bill and could not be attached to it, the bill itself requiring a vote of two-thirds of the Senate to pass it. The Chair (Mr. Anthony) overruled the point of order raised by Mr. Thurman. Mr. Thurman appealed, and after a lengthy debate, the Senate sustained the decision of the Chair-yeas 28, nays 26. (See Cong. Globe, pp. 263, 274.) Ib.; J., pp. 687, 688.] MAY 8, 1872. An exactly similar question was raised by Mr. Ferry of Connecticut, and was decided in the same way by Vice-President Colfax. (See Cong. Globe, pp. 3182, 3187.) NOVEMBER 28, 1877. 19. VICE-PRESIDENT'S POWER TO VOTE. 45th Cong., 1st sess.; J., pp. 101, 102.] On the motion to proceed to the consideration of the resolution to admit William Pitt Kellogg to a seat in the Senate the yeas were 29 and the nays were 29. The vote of the Senate being equally divided, the Vice-President (Mr. Wheeler) voted in the affirmative, and the Senate proceeded to the consideration of the said resolution. Mr. Thurman moved to amend by striking out all after · Resolved" and inserting: "That M. C. Butler be now sworn as a Senator from the State of South Carolina." The yeas were 30 and the nays were 30. The vote of the Senate being equally divided, the Vice-President (Mr. Wheeler) voted in the negative, and the amendment was not agreed to. Mr. Thurman rose to a question of order, and submitted that the provision of the Constitution that the Vice-President shall have no vote unless where the Senate is equally divided does not apply to the case of seating a Member, but that questions of seating a Member should be left to the Senators themselves, under the provision that " each House shall be the judge of the elections, qualifications, and returns of its own Members," and after debate Mr. Thurman withdrew the question of order. (See Cong. Record, pp. 736–740.) 66 NOTE. The withdrawal of the question of order seems to show that the Constitution clearly gives the power to the Vice-President to vote where the Senate is equally divided. The journals show scores of instances in the ordinary proceedings of the Senate where he gave the casting vote and his act was never questioned. YEAS AND NAYS. 36th Cong., 1st sess.; J., p. 720.] 66 JUNE 20, 1860. The yeas and nays being ordered on a question, a Senator declined to vote on the ground that he was paired" with another Senator. A question of order was raised as to his right to refuse to answer to his name when called, for the reason stated. The question being submitted to the Senate, it was decided that he had the right. (See Cong. Globe, p. 3191. See also VOTING.) -30 52850-09 |